Information Commissioner's Office

Home Office

19 January 2016, Central government

The complainant requested information relating to any contact that the spouse of an MP, who is also employed by that MP, has had with the Home Office as part of that employment. The Home Office refused to confirm or deny whether it held this information and cited the exemption provided by section 40(5) of the FOIA. The Commissioner’s decision is that section 40(5) is not engaged and so the Home Office is now required to provide to the complainant confirmation or denial as to whether the requested information is held.  The Commissioner requires the Home Office to write to the complainant with confirmation or denial as to whether the requested information is held. In relation to any information that is held, this should either be disclosed to the complainant, or the complainant informed of the grounds on which the information is withheld.

FOI 40: Upheld